Comments about ‘U.S. Attorney General Eric Holder: Discriminatory laws don't need defending’

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Published: Tuesday, Feb. 25 2014 1:00 p.m. MST

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Arizona1
Tucson, AZ

I believe Holder's intentions are good, but he is dead wrong. Attorneys General swear an oath to defend the laws in their given jurisdiction. It is not the Attorney General's prerogative to determine the constitutionality of a law. That belongs to the courts (i.e. a judge). If Holder is correct, which he is not, by failing to uphold laws on the record book, an Attorney General can preemptively strike down a law, leaving no recourse to appeal a lawsuit (e.g. Prop 8--the Court essentially sided with the plaintiffs when no one with "legal standing" kept their oath of office).

Even though Holder indicates that such decisions should not be taken lightly, his argument leaves the door wide open for corruption and political favoritism. Regardless of whether people believe a law is constitutional or not, they should adamantly reject the idea that an Attorney General has the power to veto laws that he dislikes.

Objectified
Tooele, UT

What Eric Holder doesn't seem to understand is that his position, as an Attorney General, is to uphold existing laws. There is no prerogative built into his job description which allows him to decide which laws to uphold and which ones to ignore. He isn't allowed to just pick and choose at his leisure.

The legislative branch of government creates laws. The judicial branch helps in determining constitutionality of laws. An attorney general's job is to enforce those laws. It's a check and balance system that works well and really isn't so complicated. When any branch of government oversteps their established bounds, that balance becomes jeopardized. Mr Holder is in danger of doing just that.

Vanceone
Provo, UT

Of course Holder, and the Democrats by extension, think that capricious rule of men instead of rule of law is good. The entire gay marriage movement rests practically completely on judges issuing decrees. Obama ignores and rewrites laws to suit his every imperial whim, with no authority. Citizens who try to stop it don't have standing. So, instead of government of the people, by the people, we have government of the elite leftists, by the elite leftists, and no one can challenge it.

1conservative
WEST VALLEY CITY, UT

Dems. SHOULD BE more than a little concerned about Holder (and the rest of the Obama regime)insofar as:

"What goes around comes around"

patriot
Cedar Hills, UT

HA!! So I guess this means those state AD's who oppose abortion don't have to uphold it anymore because it obviously discriminates against the right of a child to LIVE!! Every AD can just enforce what he wants or doesn't want. Sounds like this fits perfectly with the new "ignore the constitution" government of Obama. Anymore - you don't know whether to laugh or cry over the sorry state of this county.

DN Subscriber
Cottonwood Heights, UT

"All animals are equal, but some animals are more equal."

Or, "Your stinking laws don't apply to ME!"

Basically, any law that Obama or Holder disagree with, they just ignore, and with a stroke of a pen and a phone call the will of the people, and the deliberated actions of legislative bodies are overturned.

The saddest part is that Holder is sworn to uphold and enforce the laws, but he is in the forefront of ignoring, and in the case of "Fast and Furious" actually breaking the laws.

We are becoming a nation of anarchy with the "rule of law" being ruthlessly eliminated, not by raging mobs in the streets, but by elected officials in government offices.

I weep for my country and what it has become.

Maudine
SLC, UT

US Constitution, Article VI, clause 2, "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; ... shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

State Constitutions affirm the federal Constitution as supreme law of the land.

Officers of the Judiciary - including state's AG's - take an oath to uphold the Constitution of the US and their respective states.

The question then becomes when you have valid, legal reason to support that defending a state law/constitutional amendment would violate your oath to uphold the federal Constitution, what do you do - which part of your oath do you violate, the state constitution or the federal Constitution?

If the federal Constitution is truly the supreme law of the land, it has the higher priority and therefore must be defended first. If a state AG can defend both the state law/constitution and the federal Constitution, than he/she must obviously do so - but if there is a conflict such that only one can be defended, the federal Constitution is supreme.

KJR
Alpine, UT

State AG's don't have to defend state laws that are not consistent with the [US} Constitution. But that's the whole question! Nothing like assuming what you are trying to prove and then starting out there to make your case. Or to echo what an earlier commentator said, "Four legs good, two legs betters!" Where is George Orwell now that we really need him? Looking down with a sardonic smile, is my guess.

lost in DC
West Jordan, UT

If Holder thinks laws that are unconstitutional do not have to be denfended, why does he (and all the lefties) defend blatantly discriminatory affirmative action laws and race-based admissions programs?

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